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2017 (9) TMI 627 - CESTAT MUMBAICargo Handling Service - appellant argued that Order-in-Original was passed without benefit of reply of the appellant and without personal hearing - natural justice - Held that: - it has not been denied that appellant were given sufficient opportunity to file defense reply and to appear for personal hearing. They could not cause a defense reply to be filed or personal hearing to be attended - there is apparent error in the impugned order in so far as it imposes penalty under Section 78 in respect of all show cause notice whereas the said provision was not invoked in atleast two of them. It is apparent that on account of the conduct of the consultant they have failed to put up a proper representation and defense. It is reasonable to remand the matter to the Original Adjudicating authority for a fresh adjudication after considering all the defense of the appellant - appeal allowed by way of remand.
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